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Poster: Robin_1990 Date: May 12, 2008 2:31pm
Forum: audio Subject: A Question about US/UK copyright (Please Help me Now!!)

Lets say something was originally released in the UK. Lets say it was never submitted for copyright in the US. If this thing entered the public domain in the UK, would it be PD in America too? Because the output of a very popular british band from the 60's was never submitted for copyright in the US, and will start entering the public domain in the UK in a few years.

This post was modified by Robin_1990 on 2008-05-07 10:22:37

This post was modified by Robin_1990 on 2008-05-09 20:15:25

This post was modified by Robin_1990 on 2008-05-12 21:31:24

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Poster: kustota Date: May 12, 2008 7:38pm
Forum: audio Subject: Re: A Question about US/UK copyright (Please Help me Now!!)

"An illustrative case in the U.S. showing some of the complexities of determining the copyright status of even old recordings is Capitol Records v. Naxos of America, decided by the New York Court of Appeals, the highest court of the state of New York, on April 5, 2005. Briefly, that decision about old recordings that were made in the United Kingdom in the 1930s and that had entered the public domain there in the 1980s (50 years after their creation) stated that these were still eligible for copyright protection under the common law of the state of New York, even though they were in the public domain in the UK prior to January 1, 1996 and thus not eligible to copyright restoration under the URAA. The reason given was precisely that records from the 1930s were not covered by federal law and the URAA and its cut-off date did not apply to state law."

http://en.wikipedia.org/wiki/Wikipedia:PD#Sound_recordings

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Poster: Robin_1990 Date: May 12, 2008 8:22pm
Forum: audio Subject: Re: A Question about US/UK copyright (Please Help me Now!!)

That really doesn't answer my question. I'm talking about 60's records that were never submitted for copyright. How can a 60's record be under copyright if it was NEVER copyrighted to begin with? I'm Confused.

This post was modified by Robin_1990 on 2008-05-13 03:22:01

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Poster: kustota Date: May 13, 2008 2:00am
Forum: audio Subject: Re: A Question about US/UK copyright (Please Help me Now!!)

"In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights. However, while registration isn't needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the USA, registering after an infringement only enables one to receive actual damages and lost profits.)"

http://en.wikipedia.org/wiki/Copyright

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Poster: Robin_1990 Date: May 13, 2008 2:12am
Forum: audio Subject: Re: A Question about US/UK copyright (Please Help me Now!!)

OK. I'm kinda getting confused. Does that mean that in the US, even if a film is never registered, It is still protected by copyright?

This post was modified by Robin_1990 on 2008-05-13 09:09:19

This post was modified by Robin_1990 on 2008-05-13 09:12:52

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Poster: reverse engine Date: May 17, 2008 6:57pm
Forum: audio Subject: Re: A Question about US/UK copyright (Please Help me Now!!)

Yes. Any completed creative work is automatically protected under copyright in the US (I don't know about international copyright law, but this may be the case other places as well). Registering works with the US Copyright office merely makes your legal claims to copyright easier to protect. Copyright is automatic.

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Poster: kustota Date: May 13, 2008 2:23am
Forum: audio Subject: Re: A Question about US/UK copyright (Please Help me Now!!)

as i understand, works are registered for convenience only, so to speak, so it would be easier to enforce copyright afterwards.